Immigration Victory for “Aged Out” Sons & Daughters: De Osorio v. Mayorkas (9th Cir. 2012) Interprets the Child Status Protection Act

The U.S. Court of Appeals for the Ninth Circuit has held that a son or daughter who was the derivative beneficiary of a family-sponsored immigrant petition but “aged out” (didn’t qualify because he or she turned age 21) may apply the old petition’s priority date to a new petition. This may help you immigrate years… Continue reading Immigration Victory for “Aged Out” Sons & Daughters: De Osorio v. Mayorkas (9th Cir. 2012) Interprets the Child Status Protection Act

USCIS Fee Increase

U.S. Citizenship and Immigration Services (USCIS) has announced it is raising fees an average of 10%, effective Nov. 23, 2010. The agency is primarily fee-based, with about 90% of its budget coming from applicants and petitioners seeking immigration benefits. The agency justifies the fee increase as a way to recover costs after fiscal year 2008… Continue reading USCIS Fee Increase

DOS Increases Fees for Immigrant Visas & American Citizen Services

I previously reported on fee increases by the U.S. Department of State (DOS) for nonimmigrant visas effective June 4, 2010. Now, DOS has also issued an interim final rule increasing fees for immigrant visas and certain American Citizen Services, effective July 13. DOS justifies the changes by citing an independent cost of service study’s findings… Continue reading DOS Increases Fees for Immigrant Visas & American Citizen Services

Lawsuit Challenges USCIS & DOS on K-1 Fiancee Visas

A lawsuit has been filed in the U.S. District Court in Portland challenging processing of K-1 (fiancee) visas by U.S Citizenship and Immigration Services (USCIS) and the Department of State (DOS). The complaint in Tran v. Napolitano attacks the handling of cases returned by DOS to USCIS for revocation on the basis that the relationship… Continue reading Lawsuit Challenges USCIS & DOS on K-1 Fiancee Visas

National Visa Center Goes Paperless: Pilot Program to Transmit Data Electronically to the U.S. Consulate in Guangzhou

If you are familiar with the process of applying for an immigrant visa at the U.S. Consulate in Guangzhou, you know that  it can take months for the National Visa Center (NVC) to mail a case to the Consulate. The delay occur because China’s Customs office drags their feet in releasing the Consulate’s mail. NVC… Continue reading National Visa Center Goes Paperless: Pilot Program to Transmit Data Electronically to the U.S. Consulate in Guangzhou

Permanent Resident Card Production Delays

USCIS has announced that applicants may experience up to an eight-week delay in the delivery of their permanent resident cards while USCIS upgrades its card production equipment. If you have recently been admitted to the U.S. as an immigrant, you will still be able to travel and seek employment in the U.S. Your immigrant visa… Continue reading Permanent Resident Card Production Delays

Immigrant Widows Left in Limbo

Everybody loves a love story – everybody it seems, except the U.S. Citizenship and Immigration Services. In our post-9/11 world, immigration has become increasingly tough on, of all groups, widows. A foreigner who marries a U.S. citizen is entitled to become a U.S. resident. But as CBS’ 60 Minutes reports, USCIS wants to deport several… Continue reading Immigrant Widows Left in Limbo

Update: Consular Recommendations to Revoke Visa Petitions

Our law firm is often retained to represent clients where a U.S. Consulate has returned the visa petition to USCIS to consider revocation. This process is slower and less transparent than it should be. Still, this update explains that recently there have been some minor improvements in the process. These improvements were mentioned by Jonathan… Continue reading Update: Consular Recommendations to Revoke Visa Petitions

USCIS Beijing Office Refuses to Accept Fathers’ Visa Petitions

Today was the fourth time in four years that U.S. citizen fathers have told me that the Beijing office of U.S. Citizenship and Immigration Services (USCIS) has refused to accept immigrant visa petitions (Forms I-130) on behalf of their children. On all four occassions, USCIS stated reason for the refusal was that the fathers failed… Continue reading USCIS Beijing Office Refuses to Accept Fathers’ Visa Petitions

Don’t Be Misled by the USCIS Instructions for Form I-130, Petition for Alien Relative

From: Gary Chodorow Sent: Tuesday, April 01, 2008 8:06 PM To: uscis.webmaster@dhs.gov Subject: Message from a Nitpicky Lawyer Dear USCIS Communications Office: I’ve read your recent announcement that “[e]ffective immediately, all petitioners filing stand-alone Form I-130s [Petitions for Alien Relatives] must file their petitions with the Chicago Lockbox (emphasis added). USCIS Press Room, USCIS Revising… Continue reading Don’t Be Misled by the USCIS Instructions for Form I-130, Petition for Alien Relative